Code of the District of Columbia

§ 25–446.01. Settlement agreements — enforceable provisions.

A settlement agreement enforceable by the Board under this subchapter may include:

(1) Provisions allowing or prohibiting entertainment and the hours that entertainment would be allowed;

(2) Specific methods to mitigate the level of noise outside the establishment, including:

(A) Sound attenuation elements;

(B) Requiring that the doors and windows of the establishment remain closed (except for ingress and egress) during hours of entertainment;

(C) Restricting indoor entertainment to a specific area of the establishment; and

(D)(i) Specification of physical attributes to mitigate noise emanating from an outdoor facility.

(ii) For the purposes of this subparagraph, the term “physical attributes” may include architectural features, sound barriers, and placement of speakers;

(3) Descriptions of reasonable efforts that the applicant or existing licensee will take to control litter and other debris in the immediate area surrounding the establishment, including:

(A) The frequency that the applicant or existing licensee will monitor the area;

(B) The days and time that the applicant or existing licensee will remove trash; and

(C) The efforts to be made by the licensee to limit rat and vermin infestation;

(4) Descriptions of parking arrangements, including the use of valet service contingent on proper permitting by the District Department of Transportation;

(5) Requirements that the applicant or existing licensee maintain an incident log and that the incident log be made available to ABRA and the Board, upon request;

(6) A notice to cure provision;

(7) Restrictions on hours of operation and sales and service for a new or existing licensee’s facilities;

(8) Descriptions of how the licensee will address specific issues in determining the hours of operation, including:

(A) The licensee’s history of previous violations;

(B) The proximity of the establishment to residences; and

(C) The hours of operation and sales and service of alcohol for other existing licensed establishments in the area;

(9) Restrictions on the utilization of floors, occupancy, and the number of seats for existing licensees and address specific issues in determining occupancy issues, including:

(A) The licensee’s history of previous violations;

(B) The proximity of the establishment to residences; and

(C) The hours of operation and sales and service of alcohol for other existing licensed establishments in the area; and

(10) Stipulations that the establishment will comply with existing District statutes and regulations, or will comply with privileges granted by ABRA or any other District agency.


(May 1, 2013, D.C. Law 19-310, § 2(s), 60 DCR 3410.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 2(s) of the Omnibus Alcoholic Beverage Regulation Congressional Review Emergency Act of 2013 (D.C. Act 20-52, April 22, 2013, 60 DCR 6372, 20 DCSTAT 1388).